Posted on 01/23/2023 8:31:26 AM PST by MeganC
Text for video from this link: https://thecivilrightslawyer.com/2023/01/22/detained-arrested-and-beaten-over-cheeseburger-dispute/
Detained, Arrested and Beaten Over Cheeseburger Dispute Posted on January 22, 2023 It’s happened yet again – this time in Ohio – where police arrive to a trespassing complaint at a business (this time at a McDonald’s) and instead of allowing the person to leave the business, they instead detain and forcibly ID the individual. Do police officers have the right to detain someone under these circumstances? More importantly, do they have NEED to do so?
From the Dayton Daily News:
An incident that led to an officer hitting a woman multiple times Monday began as a dispute over missing cheese on a Big Mac. Butler Twp. Sgt. Todd Stanley and Off. Tim Zellers responded at 4:20 p.m. to a call about a disorderly customer at the McDonald’s at 3411 York Commons Blvd., and on arrival, officers spoke to Latinka Hancock, according to a police report.
When the woman refused to provide her ID, the officers engaged in a brutal and violent use of force against her, which one customer inside the McDonald’s caught on video:
https://www.facebook.com/watch/?v=691942075763580
Following the release of the footage to the public, the officer has been placed on leave, pending internal investigation.
Well, at this point, I think she has a "reasonable expectation" of getting a large check.
“If the cop was REALLY “following the law” he should have arrested the McDonald’s manager.”
It was his duty to explain the law to the manager and that she had every legal right to stay and have the manager correct it.
If a business short changes you and you complain about it do they have a right to have you arrested for trespass because you did not just leave without wanting them to make right?
She was in the parking lot when the cops arrived. The cop should have backed off at that point. Regardless of the amount of boot-licking done for him at FR, the facts remain: (1) the lady will get a large check, and (2) the suspended cop might lose his job.
“the cops jobs were done as soon as she moved to leave.”
You only break the law if you disobey a cop? I believe she broke the law when she disobeyed the owner’s request to leave.
He was called to the scene by the manager of the McDonalds.
It seems many FR posters believe that management's complaint alone creates cause for citation and detainment.
“articulable suspicion that the person has committed”
The police had probable cause that she had committed the crime of trespass.
Since when does a mere complaint, or being "called to the scene" create a cause for citation and detainment? Doesn't the cop have to determine by their own observation and evidence that a crime was committed?
If someone makes a complaint against you, for whatever reason, does the cop then have the right to cite you?
Maybe she will get a large check for the next hamburger she orders, but even beyond what transpired inside the restaurant, she resisted arrest, which is very, very dopey and costly.
On the one hand she seemed to be resisting arrest, but I see no justification for him punching her like that unless there was some hidden knife in her hand or some such (which I doubt).
She was leaving.
Exercising one's Constitutional rights is not, in and of itself, probable cause for arrest.
-PJ
She was disorderly. The YT lawyer & the police office mentioned trespass, so she likely was told to leave and rather than comply like a civilized person, she continued to argue. Somewhat like you.
“I believe she broke the law when she disobeyed the owner’s request to leave.”
Read #33.
“She was leaving.”
Right after she was asked? 5 minutes later? 10 minutes later? During this time was she making a scene and interrupting business?
Explain to me how this works.
Cop: "What is the problem manager?
Manager: I asked her to leave and she didn't
Cop: But she was leaving when I got here.
Manager: Well, yes, but she didn't leave for 5 minutes after I told her to.
By leaving, she wasn't actually tresspassing when the cop got there, and was following the law.
The punches are going to end up being the clincher here.
“unless you are being charged with a crime and arrested, they have no right to ID you.”
Wrong. They can detain and request ID on reasonable suspicion that you have committed a crime.
Because the management messed up her order. She is permitted some amount of irritation for that.
Cops are protecting the property, not the citizen's rights.
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